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Construction qualification is the entry threshold of the construction industry, and the corresponding construction qualification is required to undertake any classified construction project! The affiliated unit may have the construction capacity to undertake a certain project, but there is no qualification certificate and corresponding level of qualification certificate required by the project bidding!
2. Find the affiliated unit and reach a cooperation intention.
Find the affiliated unit that meets the requirements through various methods such as the network and intermediary, and the affiliated unit is willing to lend its qualifications, and agrees that the affiliated party participates in the bidding and bidding in its own name to carry out the construction of the project.
3. Reach an affiliation cooperation agreement.
The two parties are linked to the management fee.
Financial issues, tax issues, rights and responsibilities of both parties are discussed in detail, and determined in the form of a contract to better protect the rights and interests of both parties! Under normal circumstances, the management fee is extracted from 1%-5% of the project contract price!
4. The anchoring party participates in the bidding and undertakes the project in the name of the affiliated party.
The affiliated party participates in the bidding of the project in the name of the affiliated party, and after winning the bid, it signs the construction contract with the employer in the name of the affiliated party! Therefore, in the affiliation relationship, the project performance made by the affiliated party belongs to the affiliated party, and the affiliated party can use this project performance to upgrade its qualifications!
5. In accordance with the provisions of the affiliation agreement, tax declaration shall be made during the construction process.
According to the provisions of the cooperation agreement between the two parties, the affiliated unit can determine whether to dispatch construction management personnel, and how to carry out financial management and tax declaration during the construction process!
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1. Find an affiliated company;
2. The shareholders of the company shall provide copies of the ID cards of all shareholders and the identity certificates of the legal representatives to the ** company;
3. The company's legal representative or shareholder fills in and signs the affiliation agreement;
4. The shareholder provides the name pre-approval notice or the business license of the enterprise legal person to the ** company;
Fifth, the completion of the affiliation.
Article 26 of the Construction Law stipulates that a unit contracting a construction project shall hold a qualification certificate obtained in accordance with the law and undertake the project within the scope of business permitted by its qualification level. It is forbidden for construction enterprises to exceed the business scope permitted by the qualification level of the enterprise or to contract projects in the name of other construction enterprises in any form. It is forbidden for construction enterprises to allow other units or individuals to use their qualification certificates and business licenses in any form to contract projects in the name of their own enterprises.
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Qualification affiliation is illegal and illegal, it is recommended to choose qualification cooperation, four-in-one, legal compliance, the process of this way is 1, to find a reliable partner, it is recommended that the field operation of the enterprise, do not choose to find that kind of intermediary or leather bag company 2, the second round of screening, to see if the company's qualifications are more and true 3, the third round of screening, to see if there is any legal risk 4, interview**. It's basically this process, and I hope it helps you.
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Do you want to find someone else to hang on to you, or do you have a certificate and want to hang out?
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Hong Changhong contacted to see how to cooperate with the qualifications.
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Qualification affiliation is a crime, and the state expressly prohibits it!
But now whether it is certificate affiliation or construction affiliation, it is a fact, and the state is only constantly standardizing the policy, and when there is no loophole in the policy one day, the affiliation will not exist. At present, as long as there is no problem with the quality of the project or the situation of hitting the muzzle of the gun, the state will not investigate!
It is recommended that the enterprise will be more cost-effective to do a qualification by itself, and you can always use the qualification, and this qualification fee is a one-time fee, and the qualification will be given to the affiliated unit every year, and the affiliation fee is also a lot of money!
Article 66 of the Construction Law of the People's Republic of China.
If a construction enterprise transfers or lends a qualification certificate or otherwise allows others to contract a project in the name of the enterprise, it shall be ordered to make corrections, confiscate illegal gains, and impose a fine, and may be ordered to suspend business for rectification and reduce the qualification level; where the circumstances are serious, the qualification certificate is revoked.
For the losses caused by the contracted project not meeting the specified quality standards, the construction enterprise and the unit or individual using the name of the enterprise shall be jointly and severally liable for compensation.
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The qualification of the construction industry can be attached, and generally you will give the affiliated unit a fee, and he will lend you this qualification for bidding and undertaking projects.
However, it is still recommended that the enterprise will be more cost-effective to do a qualification by itself, and you can always use the qualification, and this qualification fee is a one-time fee, and the qualification must be given to the affiliated unit every year, and the affiliation fee is also a lot of funds!
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Many construction companies have to rely on the qualifications of other people's companies to operate in the start-up stage for various reasons, always thinking that as long as they give a little expense to others, they don't have to worry about so much.
There are many risks associated with qualifications.
1. Violating the law. The state has been cracking down on the practice of affiliation with qualifications. Article 26 of the Construction Law clearly stipulates that "construction enterprises are prohibited from engaging in any form of construction in the name of other construction enterprises beyond the business scope permitted by their own qualification level." ”
Second, the cost is large.
1.Affiliated with other people's qualifications, you also need to pay a high affiliation fee every year, and the average annual affiliation cost of long-term project affiliation is at least 10 to 200,000 yuan.
2.The process of recording the project money is to first enter the affiliated company, and then transfer it to its own company, and transfer it from business to company, which requires us to provide an invoice again, which is equivalent to paying taxes again.
Third, there are financial risks.
1.If you encounter an unscrupulous company, you will use various reasons to perfunctory you, and then give it to you after a week or two, during which you need to advance your homework.
2.Some companies authorize you to use it on an annual basis, and you can do it well, but in the second year, you can find a reason to increase your various expenses, which makes it difficult for you to continue to do it, and it is not okay not to do it.
There is another point that cannot be ignored: the project is not qualified to be attached to other people's qualifications, and the project performance can only be regarded as the performance under the name of the qualified party, which has nothing to do with itself, which is equivalent to making a wedding dress for others.
If you want to have your own place in the engineering industry, you must have your own qualifications, so that you will not be led by others, so that you will not be controlled by others.
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Attention should be paid to the attachment of construction projects:
1. In the construction contract of a construction project, if the sponsor fails to perform the obligations of the construction contract as agreed, the employer will sue the affiliated party and the affiliated party;
2. In the event of a dispute with a downstream third party, mainly involving the failure of the sponsor to pay the payment for goods and wages to the material supplier, equipment leasing company and construction team as agreed in the construction of the project, the sponsor shall be liable.
[Legal basis].Article 5 of the Interim Opinions of the Supreme People's Court on the Trial of Cases Involving Disputes over Construction Contracts.
Where the construction is affiliated with another construction enterprise and the construction contract is signed in the name of the affiliated construction enterprise and is sued, the constructor and the affiliated construction enterprise shall be listed as co-defendants; The affiliated construction enterprise shall be jointly and severally liable for the losses caused to the employer by the contractor because the contracted project does not meet the quality standards.
Seven-step qualification process!
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Documents and certificates to be submitted to apply for the pre-establishment registration of the name of a foreign-invested enterprise: Registration form for the name of a foreign-invested enterprise (in duplicate); Proof of legal qualifications of Chinese and foreign investors; Project proposal and its approval documents (WFOE should submit an application report for the establishment of an enterprise and a written reply from the local county**); Power of Attorney for Registration; If the business project is restricted by the state from using foreign capital or involves special examination and approval of the industry, the approval documents of the relevant departments shall be submitted; Other documents and certificates that should be submitted according to laws, regulations, rules and policies.